IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. Dated this the 23rd day of December, 2009. Present:- Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C. No.105/09 Between: Bindu Pradeep, Poovathummoottil House, Varayannoor, Pullad.P.O., Koipuram Village. (By Adv. Lalu John) ….. Complainant. And: - K. Venugopal,
Krishnachethu House, Maramon.P.O., Thottappuzhassery. - K. Venugopal,
Proprietor, Krishnachethu Financiers, Pullad, Pullad.P.O. ….. Opposite parties. O R D E R Sri. Jacob Stephen (President): The complainant filed this complaint against the opposite parties for getting a relief from the Forum. 2. The complainant’s case is that 1st opposite party is the Proprietor of Krishnachethu Financiers and 2nd opposite party is the firm run by the 1st opposite party and are conducting the business of chitty and receiving deposit on interest. The complainant deposited an amount of Rs. 1 lakh with the opposite party as per Fixed Deposit Receipt No.959 dated 10.2.2005 for a period of 12 months at the rate of 18% interest per annum. But on the date of maturity the deposit was renewed twice. The first renewal was on 10.2.2007 and the 2nd renewal was on 10.2.2009. The opposite party had given the interest of the fixed deposit of Rs.1,500/- per month till 10.7.2009. Thereafter the complainant approached for the closure of the fixed deposit account. But the opposite party did not return the deposited amount. The above said act of the opposite party is a deficiency in service, which caused financial loss and mental agony to the complainant. Hence this complaint for the realization of the fixed deposit amount with its interest at the rate of 18% from 10.7.2009 along with compensation of Rs.30,000/- and cost of this proceedings. 3. In this case, the opposite parties has not appeared or contested the case irrespective of notices including paper publication against the opposite parties. So opposite parties were declared as exparte. The complainant’s case is that the amount deposited by the complainant with the opposite party as fixed deposits is not returned by the opposite party, after the maturity of the fixed deposit irrespective of the complainant repeated demands for the return of the fixed deposit amount with its balance interest. 4. In order to prove the complainant’s case, the complainant’s power of attorney holder filed a proof affidavit along with two documents. The said documents were marked in evidence as Exts.A1 and A2. Ext.A1 is the power of attorney executed by the complainant in favour of the power of attorney holder. Ext.A2 is the fixed deposit receipt No.959 dated 10.2.2005 for Rs. 1 lakh issued by the opposite parties in the name of the complainant. After Closure of evidence, complainant was heard. 5. On a perusal of the materials on record it is seen that the complainant had deposited an amount of Rs. 1 lakh with the 2nd opposite party on 10.2.2005 for 12 months at the rate of 18% interest per annum and its maturity date is 10.2.2006. It is also seen that the said fixed deposit was renewed twice up to 10.2.2009. Further it is seen that interest of the said fixed deposit was paid up to 10.7.2009. Nothing on record shows that the fixed deposit amount as per Ext.A1 is given to the complainant by the opposite parties. Thus the complainant’s case stands proved unchallenged. 6. The non-payment of the fixed deposit amount by the opposite party with its balance interest to the complainant is a clear deficiency of service and the opposite parties are jointly and severally liable to the complainant for the above said deficiency of service. Therefore this complaint is maintainable and allowable with cost. However, the complainant is entitled to get the interest of the fixed deposits, we are not inclined to allow any separate compensation to the complainant. 8. In the result, this complaint allowed thereby the complainant is allowed to realize an amount of Rs. 1 lakh (Rupees One Lakh only) along with interest at the rate of 18% from 10.7.2009 till the realization of the whole amount. The complainant is also allowed to realize Rs.1,000/- (Rupees One Thousand only) as cost. The opposite parties are directed to comply the above order within 30 days from the date of receipt of this order. Declared in the Open Forum on this the 23rd day of December, 2009. (Sd/-) Jacob Stephen, (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: Nil. Exhibits marked on the side of the complainant: A1 : Power of attorney executed by the complainant in favour of the power of attorney holder. A2 : Fixed Deposit Receipt No.959 dated 10.2.2005 for Rs. 1 lakh issued by the opposite parties to the complainant. Witness examined on the side of the opposite parties: Nil. Exhibits marked on the side of the opposite parties: Nil. (By Order) Senior Superintendent. Copy to:- (1) Bindu Pradeep, Poovathummoottil House, Varayannoor, Pullad.P.O., Koipuram Village. (2) K. Venugopal, Krishnachethu House, Maramon.P.O., Thottappuzhassery. (3) The Stock File.
......................Jacob Stephen
......................LathikaBhai
......................N.PremKumar | | 
